What Are My Legal Rights and Options If I Was Hurt in a Tractor Collision?

 Posted on May 03, 2023 in Personal Injury

Tractors and related vehicles are essential to the agricultural industry. However, traffic accidents involving tractors can be catastrophic and even deadly. If you or a loved one were involved in a tractor accident, either as a tractor operator, a pedestrian, or another motorist, it is important to know your legal rights and options. Depending on the circumstances of the crash, you may be entitled to compensation through workers’ compensation or a personal injury claim.

Legal Rights of Injured Farm Workers

Farm workers and others in the agricultural industry are often required to operate tractors on public roads. They may need to transport the tractor from one farm to another or reach a property that is not connected to the main farm. Whatever the reason, motor vehicle collisions involving tractors often lead to serious injuries.

If you are a farm worker who was struck by a motorist while you were on a tractor, you have two main options for pursuing compensation for your medical bills and other damages. If you are an employee, were operating the tractor during work hours, and were operating the tractor as a part of your work duties, you should be covered under Illinois workers’ compensation laws. You have the right to file a workers’ compensation claim and request compensation for your medical expenses and part of your lost income while you are recovering.

If you are not an employee or otherwise do not qualify for workers’ compensation, another option is to file a personal injury claim against the driver who hit you. If the other driver was distracted, speeding, or otherwise driving negligently, the driver’s insurance company may be required to reimburse you for your damages.

Rights of Those Struck by a Tractor

Sometimes, it is the tractor driver who is responsible for an accident. If you were driving in your vehicle, walking alongside the road, or riding your bicycle and you were involved in a collision with a tractor, you may be able to file a claim against the tractor operator or the company employing the tractor operator.

Typically, an employer is vicariously liable for the actions of its employees. For example, if a tractor operator did not know how to operate the tractor safely and struck a pedestrian, the farm employing the tractor operator may be liable for damages.

Contact our Springfield Tractor Accident Lawyer for Help

Collisions involving tractors and motor vehicles can be very complex from a legal perspective. If you or a loved one were involved in a motor vehicle/tractor accident, contact the experienced Springfield personal injury attorneys at Kanoski Bresney. Call 888-826-8682 for a free initial case review.

Source:

https://nasdonline.org/static_content/documents/1010/TMVC%20doc.pdf